TERMS AND CONDITIONS
NATURE OF THE SERVICES TO PROVIDE
THE UNICORN BRAIN and THE CLIENT expressly acknowledge and fully agree that each and every one of the services that are commissioned and provided for the realization of each project, as well as any related to them with respect to any project, constitute a provision professional services, which do not constitute any commercial relationship.
BASE GUIDELINES FOR EACH PROJECT
Every project to be carried out is a commissioned job, at the request of THE CLIENT.
THE CUSTOMER is responsible for the use, rights and obligations, whether their own and / or those of third parties and derived from any content delivered to THE UNICORN BRAIN for the implementation of the project.
The intellectual property rights of the website and the information and any material used for the provision of services, as well as their disposal, belong to THE UNICORN BRAIN and all rights over them are expressly reserved, therefore Their use is expressly prohibited without the express authorization of THE UNICORN BRAIN, and their reproduction is not allowed, except with prior authorization, unless otherwise indicated.
The website, its logos and all the material for the provision of services and that appears on said site, such as trademarks, domain names, commercial notices, commercial names, works, mobile applications, documentation, programs, codes and any other element susceptible to protection by intellectual property rights that are part of the website, any mobile application and / or any material used for the provision of services, are the property of THE UNICORN BRAIN, or, where appropriate, of third parties and are They are protected by international treaties and applicable laws on intellectual property.
The copyright on the content, organization, collection, compilation, information, logos, photographs, images, programs, databases, applications and in general, any information contained or published in it are duly protected in favor of THE UNICORN BRAIN , its affiliates, suppliers and / or their respective owners, in accordance with the applicable legislation on intellectual property.
THE CUSTOMER is expressly prohibited from modifying, altering or deleting, either in whole or in part, the notices, trademarks, trade names, signs, advertisements, logos or in general any indication that refers to the ownership of the information contained in any support that THE UNICORN BRAIN uses to provide the services contracted by THE CLIENT.
Any use of all the elements of the content of the site and that are the object of intellectual property for any purpose, including their reproduction, copy, distribution, modification, alteration in whole or in part is strictly prohibited.
THE CLIENT does not acquire any intellectual property rights by simply using the services and contents of the website and mobile applications, and at no time will such use be considered an authorization or license of intellectual property rights, so expressly The use of the same for purposes other than those contemplated in these Terms and Conditions and the respective contracts is prohibited.
Any unauthorized use of the contents will constitute a violation of these terms and conditions, as well as the laws and other national and international regulations on intellectual property, as well as any other that may be applicable.
PROJECTS DEVELOPMENT
THE CLIENT must specify the guidelines of its product or service, in order to make creative proposals, which will be supported by the CLIENT's requirements.
THE CUSTOMER is responsible for the delivery of content, both in its spelling and in its writing, expressly accepting that the correction of style is not included, nor its creation, unless they are included in the quote.
If the project involves social networks, a publication schedule will be delivered containing the texts and images optimized to be published according to the specified social network.
Access credentials will not be requested nor will it be published in any social network on behalf of THE CLIENT, unless their cost and the acceptance of THE CLIENT to publish on their behalf are included in the quote.
TIMELINE DEVELOPMENT
The delivery time indicated in the quotation is not negotiable, unless it is a project for monthly equals.
For a correct development of the project, a timeline previously agreed with THE CLIENT will be delivered, with specific dates that must be met, both by THE CLIENT and by THE UNICORN BRAIN.
IMAGES
Stock of THE CUSTOMER: In case THE CUSTOMER has a specific photograph (products, models, paid stock or similar), they must deliver them in digital format and in case said images do not meet the technical requirements necessary for their use, they will be notified to THE CLIENT in writing.
Stock Royalty Free: Creative submissions may or may not include the use of royalty-free stock photography with global permission for unrestricted use.
In the event that the available images are not suitable for the project, THE CLIENT will be notified to determine if it is necessary to prepare an original photographic session.
In the latter case, it will be budgeted separately, unless its cost is included in the quote.
Photographic Session (if applicable): If THE CLIENT requires an original photograph, facilities, products, models, etc., it will be carried out according to the guidelines specified in this quote.
CREATIVE CONCEPT
THE CLIENT must communicate to THE UNICORN BRAIN the general and specific guidelines of the scope of the project, as well as the correct use of its brand, together with the restrictions it deems pertinent on its product or service.
Two different proposals will be presented, based on the brand guidelines and / or requested by THE CLIENT.
In the event that neither of the two is satisfactory, a third will be made at no additional charge.
If after the third proposal, THE CUSTOMER is not satisfied, the delivered guidelines will be reviewed and it will be evaluated if the creative concept complies with said guidelines and requests by THE CLIENT, in case THE UNICORN BRAIN has made a misconception. , two totally different proposals will be made again and will not affect the cost of the project.
On the contrary, if THE UNICORN BRAIN complied with and executed the creative proposals based on what was stipulated by THE CLIENT, no additional concepts will be made.
If, even so, THE CLIENT requires an additional or different concept, the corresponding budget will be presented and it will be taken as a new project, which will not exempt THE CLIENT from its commitment to pay for the project and / or initial concept.
CHANGES AND MODIFICATIONS
By project: Once the creative concept is authorized, THE CLIENT may request up to 5 (five) changes, as long as said changes do not modify the authorized creative concept.
For equal or monthly contract: Limited according to the difficulty and time of its execution.
EXECUTIONS AND / OR ADDITIONAL CONCEPTS
By project: Any request will be budgeted separately according to its complexity and processing time.
For equal or monthly contract: Unlimited according to the difficulty and time of its execution.
PAYMENT TERMS AND CONDITIONS
The payment of any advance means that THE CLIENT has read and accepted in its entirety and in its entirety the Terms and Conditions described here (stipulated).
The prices for the provision of any of the services described in this document are quoted in Mexican pesos (MXN) and do not include Value Added Tax (VAT)
In the event that any price is quoted in any other currency, it will be charged according to the exchange rate on the day the payment is made.
We only accept payments by electronic transfer.
In the event that it is a negotiation in partial payments, THE CLIENT must cover each partiality during the first 10 calendar days of each month.
The provision of any service will be subject to the payment of an initial advance, as well as to the mutual delivery and acceptance with a timeline, for any project.
Once the advance payment has been made, in case of unjustified inactivity on the part of THE CLIENT for more than 7 business days, the project will be considered as suspended and / or canceled, therefore, any amount paid will not be refundable.
Once the advance payment has been confirmed, the project will begin the next business day, according to the time line delivered.
Once the final version of the project is authorized, THE CLIENT has 3 business days to settle it, since otherwise, it will be considered as canceled and it will be eliminated from our digital files, without any possibility of recovery.
If THE CUSTOMER wishes to reactivate it, he will have to cover the total cost again according to the initial payment conditions.
Likewise, THE UNICORN BRAIN will not be obliged to deliver any total or partial execution of the project.
In the event that THE UNICORN BRAIN does not comply with the provisions of the timeline sent to THE CLIENT, it will suffer an economic penalty corresponding to 1% of the total value of the quote for each day of delay.
This penalty will be deducted from the pending settlement amount for the project.
If THE CUSTOMER made his payment in a single exhibition, THE UNICORN BRAIN will compensate the delay with an additional service equal to the number of days of delay. This service will be negotiated and agreed with THE CLIENT and will have no additional charge.
In the event that THE UNICORN BRAIN presents inactivity for a period greater than 7 (seven) business days in an unjustified manner, or without prior written notification, it will be obliged to reimburse THE CLIENT for any amount deposited up to that moment, considering the completion of the transaction. of the project and without any other responsibility.
In case THE CLIENT does not comply with the provisions of the timeline sent by THE UNICORN BRAIN, they will suffer an economic penalty corresponding to 1% of the total value of the quote for each day of delay.
If THE CUSTOMER made his payment in a single exhibition, THE UNICORN BRAIN will stop the project process until said penalty is covered.
In the event that THE CUSTOMER presents inactivity for a period greater than 7 (seven) business days in an unjustified manner, or without prior written notification, he will lose the right granted by THE UNICORN BRAIN to continue and / or end his project, which will be deleted from our records and cannot be recovered. Similarly, any amount deposited by THE CLIENT will not be refundable.
FINANCING
Any financing must be requested by THE CLIENT in writing, via email and before making the payment of the advance.
Said request will increase the total value of this quote by 2% for each day requested (Example: 10 days of credit increases 20%), so the value of the quote will be calculated again and will be presented with the increase according to the days of financing and / or credit requested by THE CLIENT.
Once the new quote is delivered, the 50% advance payment on the new amount must be covered and THE CLIENT will sign a promissory note for the amount to be settled, with a date corresponding to the number of days requested.
The maximum credit time that can be requested is 15 (fifteen) calendar days.
If THE CLIENT makes his payment of the 50% advance without requesting financing, it can no longer be applied later and is subject to the initial payment conditions.
If THE CLIENT requested financing in cash payments, the percentage of increase for financing will not be reimbursed.
Once the value of the project has been fully settled, original files and / or the finished project will be delivered, once the respective deposit has been confirmed with our banking institution, the next business day to be verified.
AFTER LIQUIDATING THE PROJECT
Once the final version of the project is authorized, the termination notice will be sent by email, with which THE CLIENT has 2 calendar days to respond and proceed with the payment process corresponding to the settlement.
Once the project has been settled, THE CLIENT will have 10 business days from the next business day after the written notification is sent via email, to request up to 5 changes of position of elements, substitution of images, correction of text, change color or any other necessary point within the authorized design.
In case of wanting modifications of global design, concept or any other point that involves a re-design of the project, it will be quoted separately, in which case said quote will be considered as a new project and is subject to everything described in these Terms and Conditions. Terms.
The files will be delivered digitally, depending on the size in MB (megabytes) of the same, a shipment will be used by email or by WETRANSFER (download URL), in the latter case, the URL will be valid for 7 calendar days to use it and download your files, after that time has expired, it will be deleted.
THE CLIENT has 10 calendar days to request, without additional charge, up to 5 (five) changes of position of elements, substitution of images, text correction, color change or any other necessary point within the authorized design.
THE CLIENT will have 10 calendar days to request a backup of the digital information of their project, so once that time is over, the project will be deleted from our files and there will be no way to recover it.
THIRD PARTY INTELLECTUAL PROPERTY
All the content of the website, mobile applications, including but not limited to texts, graphics, logos, audio, video, brands, images, databases, domain names, as well as graphic design, source code and software, and any Another element susceptible to protection by intellectual property rights, among others, with which THE UNICORN BRAIN provides its services, are the exclusive property of THE UNICORN BRAIN or third parties, whose rights are recognized by THE CUSTOMER and THE UNICORN BRAIN and are subject to their protection by applicable national and international legislation.
Any use of the elements used by THE UNICORN BRAIN for the provision of its services, for any purpose, including its reproduction, copy, distribution, modification, alteration in whole or in part is strictly prohibited.
THE CLIENT agrees that the provisions established in the preceding paragraph, regarding the ownership of intellectual property rights, are also applicable in the same terms, to the rights of third parties regarding the services and contents of web pages, brands , drawings, images, works, computer programs, domain names, documentation and any other element susceptible to protection by the intellectual property rights presented or linked to the provision of the services stipulated herein.
THE CLIENT is the owner of its trademarks, commercial notices, trade names, logos, designs, images and other intellectual property rights, accepting in this act to authorize THE UNICORN BRAIN to use them for the provision of services here stipulated, in accordance with its guidelines and rights of use.
The intellectual property on the development and / or concept of the requested project will belong to THE UNICORN BRAIN while the project in question is under development, but once the project in question is completed and liquidated, said rights will be assigned in writing to THE CLIENT.
CONFIDENTIALITY AND PERSONAL DATA
THE UNICORN BRAIN undertakes to keep the information confidential in accordance with the applicable legal provisions and guarantees that the personal information that THE CLIENT sends has the necessary security.
THE CUSTOMER acknowledges that, by providing the personal data that is required for the provision of any of the services stipulated herein, it grants THE UNICORN BRAIN the authorization indicated in the Federal Law on Protection of Personal Data Held by Private Parties. In all cases, THE CUSTOMER will be responsible for the veracity of the information provided to THE UNICORN BRAIN.
To obtain more information on the treatment of personal data, THE CLIENT is invited to enter our website www.theunicornbrain.com, where he will find our complete privacy notice.
MODIFICATIONS
THE UNICORN BRAIN may make corrections, additions, improvements or modifications to the content, presentation, information, services, databases, as well as the payment conditions and any of those related to the provision of the services provided in this contract, depending on of the particular conditions of each project and, therefore, THE CLIENT in this act accepts, in its entirety and expressly authorizes THE UNICORN BRAIN to carry out any of the modifications specified above, if depending on the conditions of the project, THE UNICORN BRAIN deems it necessary (express commission agreement).